GSB# 2016-1866

UNION# 2016-0248-0028

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Gilbert)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

September 13, 2017

Decision

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On September 13 and 14, 2017 the parties at Hamilton Wentworth Detention Centre participated in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. A number of grievances were settled through that process. However, this grievance remained unresolved and required a decision.

3The grievor was given a letter of reprimand on September 29, 2016 for failing to attend work on his scheduled shift on July 11, 12 and 29, 2016. I am satisfied that the grievor thought that he had approval to be absent on July 29, 2016 and that his failure to attend work was as a result of this misunderstanding. Accordingly the letter of reprimand is to be amended deleting any reference to July 29, 2016.

4The employer produced documentation establishing that the grievor’s request for vacation on July 11 and 12, 2016 had been denied. The grievor asserted that when he was denied vacation days that he had requested compensating leave for those two days. However, he was unable to produce any documentation indicating that he had requested the leave or that he had been granted the leave. I cannot conclude that he had approval to be on a leave for those two days.

5Accordingly the grievance is upheld in part.